BILL NUMBER: AB 1535	CHAPTERED  07/06/99

	CHAPTER   54
	FILED WITH SECRETARY OF STATE   JULY 6, 1999
	APPROVED BY GOVERNOR   JULY 4, 1999
	PASSED THE SENATE   JUNE 16, 1999
	PASSED THE ASSEMBLY   JUNE 16, 1999
	AMENDED IN SENATE   JUNE 15, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999
	AMENDED IN ASSEMBLY   MAY 6, 1999
	AMENDED IN ASSEMBLY   APRIL 20, 1999

INTRODUCED BY   Assembly Member Florez
   (Principal coauthor:  Assembly Member Leonard)
   (Principal coauthor:  Senator Costa)

                        FEBRUARY 26, 1999

   An act to add Section 15819.295 to the Government Code, relating
to prison construction, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1535, Florez.  Prison construction.
   Existing law authorizes the construction of correctional
facilities, as specified, and authorizes the necessary funding for
specified construction to be obtained through lease-purchase
financing methods.
   This bill would authorize the Department of Corrections to
construct and establish a maximum security prison, together with a
Level I support services facility, in the vicinity of Delano to be
known as the California State Prison-Kern County at Delano II, as
specified.  This bill would appropriate $24 million from the General
Fund for site acquisition and other costs, and authorize $311.5
million for construction of the prison to be provided through
lease-purchase arrangements, subject to certain findings being made,
as specified.  The bill would also make activation of the prison
contingent upon provision by the department of 9,000 therapeutic drug
treatment slots or similar modalities.  The bill would also provide
that up to $4 million will be available for local mitigation costs,
as specified.  This bill would also appropriate $15.5 million from
the General Fund for additional parole officers.  The bill would also
provide that the Director of Finance, upon request by the Director
of Corrections and upon legislative notification, may redirect
certain funds appropriated in the Budget Act.
   The bill would declare that it is to take effect immediately as an
urgency statute.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Department of Corrections is authorized to
construct and establish a 2,248 cell maximum security prison,
together with a 408 bed Level I support services facility in the
vicinity of Delano in Kern County to be known as the California State
Prison-Kern County at Delano II.
  SEC. 2.  Section 15819.295 is added to the Government Code, to
read:
   15819.295.  (a) Notwithstanding Section 15819.29, the necessary
funding for the construction of the California State Prison-Kern
County at Delano II authorized by Section 1 of the act enacting this
section may be obtained through lease-purchase financing
arrangements.  Sections 15819.1 to 15819.13, inclusive, and Section
15819.15 shall apply for this purpose provided that the following
applies:
   (1) "Prison facility" as used in Section 15819.1 includes the
California State Prison-Kern County at Delano II.
   (2) Notwithstanding the limitation imposed by Section 15819.3
regarding the amount of bonds to be issued for construction,
acquisition, and financing of prison facilities, the State Public
Works Board may issue additional bonds in order to pay the costs of
acquiring and constructing or refinancing the California State
Prison-Kern County at Delano II.
   (b) Notwithstanding Section 13340, funds derived from the
lease-purchase financing methods for the California State Prison-Kern
County at Delano II deposited in the State Treasury, are hereby
continuously appropriated to the State Public Works Board on behalf
of the Department of Corrections for the purpose of acquiring and
constructing or refinancing the prison facility so financed.
   The sum of three hundred eleven million five hundred thousand
dollars ($311,500,000) shall be available for capital outlay for the
California State Prison-Kern County at Delano II from funds derived
from lease-purchase financing methods.
   A maximum of four million dollars ($4,000,000) of the funds may be
available for mitigation costs of local government and school
districts.
   (c) California State Prison-Kern County at Delano II shall not be
occupied until the Director of the Department of Finance finds and
reports to the Legislature that the following has occurred:
   The department has activated or made available a total of 9,000
in-prison therapeutic drug treatment slots or similar modalities.
   (d) The State Public Works Board may authorize the augmentation of
the cost of construction of the project set forth in this section
pursuant to the board's authority under Section 13332.11.  In
addition, the State Public Works Board may authorize any additional
amounts necessary to establish a reasonable construction reserve and
to pay the costs of financing, including the payment of interest
during acquisition or construction of the project, the cost of
financing a debt service reserve fund, and the cost of issuance of
permanent financing for the project.  This additional amount may
include interest payable on any interim loan for the facility from
the General Fund, the Pooled Money Investment Account pursuant to
Section 16312, or other interim financing programs.
  SEC. 3.  The sum of twenty-four million dollars ($24,000,000) is
appropriated from the General Fund to the Department of Corrections
for the purposes of site acquisition, site studies and suitability
reports, environmental studies, master planning, architectural
programming, schematics, preliminary plans, and working drawings for
the California State Prison-Kern County, at Delano II.
  SEC. 4.  The sum of fifteen million five hundred thousand dollars
($15,500,000) is appropriated from the General Fund to the Department
of Corrections to hire additional parole officers to reduce crime
and recidivism and protect the public safety.  Any funds not spent
for this purpose in the 1999-2000 fiscal year shall revert to the
General Fund.
  SEC. 5.  Upon a request by the Director of Corrections, the
Director of Finance, upon legislative notification, may redirect from
provisions 15, 17, 19, and 20 of Item 5240-001-0001 of the 1999
Budget Act to provisions 13 to 20, inclusive, of Item 5240-001-0001
of the 1999 Budget Act.
  SEC. 6.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to provide for the necessary construction of prison
facilities, it is necessary for this act to take effect immediately.
